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19760106 City Council MinutesIIII�III 367 1 I I 0 I E 1 0 Telephone participation was worked out to the council's satisfaction. Councilwoman Shippen answered that she felt council should proceed with the PUD and sign the agreement when ready instead of waiting 6 months or more for the court case with General Telephone. It was felt also that by the time that court case ends, the city could very well end up paying more, with outcome of the case being known, and the Attorney advised that this would not jeopardize the case to proceed in this manner.' Holding up the project would do no*good.' Councilman Carns asked for a financial impact statement on this, and for Engineer Larson to reissue a summary sheet and include the latest General Telephone figures, as well as supplying a cash flow schedule. EDMONDS-EVERETT ANIMAL" SHELTER AGREEMENT FOR 1976 Chief Marlo Foster, introduced Debbie Goodell, City of Edmonds Animal Control Officer, for the benefit of anyone who had not met her: 'He .then explained the charges and increases in the City of Everett costs, passed on to the City of Edmonds. Chief Foster noted that'holding pens will be constructed in the City of Edmonds to keep some animals here for a longer period ;and save mileage to Everett .in many cases. In accordance with zoning, he had been adivsed by the City Planning Department that the only area allowing this type of facility would be near the Sewer Treatment Plant, in their opinion. The Chief then recommended that council enter into contract with Everett for 1976. Council felt it would be appropriate to send a notice about the holding pens to the citizens via the water billing, so if a dog is missing, they should first check with the city before going all MOTION: the way to the Everett pound. Following some further discussion, A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS TO AUTHORIZE THE MAYOR TO SIGN THE CONTRACT AGREEMENT FOR THE ANIMAL SHELTER WITH THE CITY OF EVERETT FOR 1976. MOTION CARRIED: A representative from PAWS was in the audience, and advised council that they will have a south county facility within a year and will accept animals now on an emergency basis. RENEWAL OF CONTRACT WITH JONES & YOUNG'FOR ATTORNEY SERVICES FOR INDIGENT DEFENDANTS M.A.A. Ron Whaley explained the charges and recommended adoption of this contract. A MOTION WAS MOTION: MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN GELLERT TO AUTHORIZE THE MAYOR TO SIGN THE RENEWAL OF THE CONTRACT WITH JONES &,YOUNG•FOR ATTORNEY SERVICES FOR INDIGENT!DEFENDANTS. MOTION CARRIED. Councilman Gellert mentioned the notice from the Association of Washington Cities re- garding the possible move by the Legislature to eliminate municipal courts.. He then MADE THE MOTION: MOTION, SECONDED BY COUNCILMAN NORDQUIST THAT THE MAYOR OR ATTORNEY WRITE TO OUR SENATOR AND LEGISLATORS OF BOTH THE 1ST AND 21ST LEGISLATIVE DISTRICTS AND TELL THEM HOW WELL THE CITY OF EDMONDS MUNICIPAL COURT SYSTEM IS WORKING. MOTION CARRIED WITH COUNCILWOMAN SHIPPEN VOTING AGAINST. SET DATE: FOR HEARING ON PLANNING COMMISSION RESOLUTION #491 Mayor Harrison said he thought it would be well to hear this item tonight, since the builders were especially anxious for the outcome.. Council, however, felt a.date for hearing should be MOTION: set, and .the Attorney agreed that this should be done. IT WAS THEREFORE MOVED BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN NORDQUIST THAT THE DATE OF JANUARY 6 BE SET FOR HEARING ON PLANNING COMMISSION RESOLTUION 491, RECOMMENDING CHANGE IN SECTION 12.12.030, ALLOWABLE BUILDING VOLUME (CHIMNEYS AND ELEVATOR SHAFTS) AND THAT THE CITY ATTORNEY HAVE AN ORDINANCE READY FOR THAT MEETING. MOTION CARRIED. EVERETT WATER RATE STUDY City Engineer Leif Larson explained about the water rate study, indicating that the Alderwood Water District is being provided water below the City of Everett's supply costs. The Alderwood Water District forwarded the study -to the cities who purchase water from them, requesting that the study be reviewed. Accordingly, Engineer Larson recommended that the council concur and authorize Edmonds' participation in the study in an amount not to exceed $3500, and take this from Water -Sewer Construction fund monies. He said he felt the figures should be analyzed be= fore acceptance. There followed questions from council, answered by.the City Engineer, regarding the funds, water tanks, water purchases; etc. MOTION: A•MOTION WAS MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN'GELL'ERT TO"AUTHORIZE PARTICIPATION IN THE STUDY AT A MAXIMUM OF $3500, TO BE APPROPRIATED FROM THE WATER -SEWER CONSTRUCTION FUND #412. MOTION CARRIED. There was no further business, and the meeting adjourned at 9:15 P.M. IRENE VARNEY MORAN, Ci Clerk H. H.-HARRISON, Mayor January 6, 1976 [I034W40 A-0 Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison at 7:30 P.M. in the Council Chambers of the Edmonds Civic Center. All council members were present except Carns, who had.given notice"that he would be out of town and absent from this meeting. APPROVAL OF MINUTES Minutes of the meeting of December 23 had been posted, mailed and distributed, and with no omissions nor corrections, they were approved as written. of 6 8 COUNCIL PARTICIPATION • Councilman Gellert said he would like to offer a New Year's resolution; that in the council packets some of the information is on legal size paper and some on letter MOTION: size. He felt it would be better TO HAVE ALL PACKET MATERIAL ON 8'h X 11 PAPER FROM NOW ON, and he made a MOTION TO THAT EFFECT, SECONDED BY COUNCILMAN ANDERSON. ALL COUNCILMEMBERS WERE IN FAVOR AND THE MOTION CARRIED. Councilman Gellert stated that before he had received the letter written to council and signed by several neighbors in the area, he had observed the problems with the 172nd R/W being used by Mr. Steinman as his own road. He noted the property had, been defaced, the city barricade town down, pipes across the entrance, etc. and he felt the city should do something about this. He thought the city should issue a citation with bond forfeiture value equal to the amount it would cost the city to put up the barricades. Discussion followed, with the history of this problem being reviewed. Mr. Steinman had received a letter from the city advising him that he' had proceeded with projects without permits. This led to a meeting with Mr.Steinman and three city departments, and he was then advised again to obtain permits before proceeding. Mr. Steinman eventually came and made application. He had not been issued a right-of-way permit, although he had applied for one. Council was concerned with these actions of Mr. Steinman not complying and in violation of city laws, and at this point asked for a report from the City Attorney at the next council meeting. Councilman Clement asked if council could have a discussion on the letter from Riach, Gese & Seather regarding the Pinter hook-up to the sewer. This was paced on the January 13 agenda, and there will be a report from the Engineer, as well as other Staff. Councilman Clement said he noticed in the CDC minutes regarding the Junior High facility, that safety hazards must be eliminated. He thought that had been done prior to budget. • Ron Whaley explained that there were WISHA standards that would be accomplished by next week; that there was a priority list. Councilman Gellert advised about the appeal system on WISHA. Councilwoman Shippen asked about the setback variances of structures as noted in the Board of Adjustment minutes. She wondered why these structures had been built without proper setbacks. Harry Whitcutt explained that this was a matter of the foundation not being in compliance when built; that the new owners discovered the discrepancy and came in for the variance. Councilwoman Shippen was concerned that there was no penalty for this sort of thing. Attorney Wallace said if there is a violation of the building or zoning code, the city would have to file charges against them, and there is a one year statute of limi- tations, and the applicants were not the violators in this case. M.A.A. Ron Whaley reported on the letter from Snohomish County Commissioners regarding the proposed interlocal agreement for reorganizing the structure of regional planning, MOTION: and asking for comments from the city by January 20, is possible. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN GELLERT THAT THIS ITEM BE PUT ON THE JANUARY 13 COUNCIL AGENDA. MOTION CARRIED. APPOINTMENTS TO BOARDS AND COMMISSIONS Mayor Harrison made the appointment of Laura Hall -to Position #7, 6 year term on the Planning Commission, to fill the vacancy created by Ray Gould's resignation when he was elected to council. The Mayor noted that Laura Hall had been a recent candidate for council; a former member of the Edmonds Library Board; and was presently a member of the MOTION: city's Affirmative Action Committee. IT WAS MOVED BY COUNCILWOMAN SHIPPEN, SECONDED BY COUNCILWOMAN BRUNS TO CONFIRM THE MAYOR'S APPOINTMENT OF LAURA HALL TO POSITION #7 ON THE PLANNING COMMISSION. MOTION CARRIED. • Mayor Harrison made the appointment of Bob Gustafson to the Board of Appeals, Position #7, MOTION: 4 year term, to replace Paul Hauge, whose term was expiring. COUNCILMAN CLEMENT MADE THE MOTION, SECONDED BY COUNCILMAN GELLERT TO CONFIRM'THE MAYOR'S APPOINTMENT OF BOB GUSTAFSON TO POSITION #7 ON THE BOARD OF APPEALS. MOTION CARRIED. The Mayor then reappointed Don McQuade to his Position #7 for a 4 year term on the Board MOTION: of Adjustment. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILWOMAN SHIPPEN TO CONFIRM THE MAYOR'S REAPPOINTMENT OF DON MCQUADE TO THE BOARD OF ADJUSTMENT. MOTION CARRIED. Mayor Harrison reappointed Wanda Pederson to Position #1, 4 year term on the Arts Commission. MOTION: IT WAS MOVED BY COUNCILWOMAN SHIPPEN, SECONDED BY COUNCILMAN CLEMENT TO CONFIRM THE MAYOR`"S REAPPOINTMENT OF WANDA PEDERSON TO THE EDMONDS ARTS COMMISSION. THE MOTION CARRIED. The Mayor then reappointed C.A. McConnachie to Position #6, 4 year term on the Board of MOTION: Appeals. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CLEMENT TO SON - FIRM THE MAYOR'S REAPPOINTMENT OF C.A. McCONNACHIE TO THE BOARD OF APPEALS'. -MOTION CARRIED. AUDIENCE PARTICIPATION Mrs. Lewis, 7082 Meadowdale Beach Road, commented on the problem of Mr. Steinman and 172nd. She stated she.had seen Mr. Steinman deface this property, and she had phoned Mr. Wallis in Bellevue. 'She said she would like the property restored as close as possible to what it was before being defaced. She stated that the people in the immediate area would like to plant seedlings where the trees had been destroyed. Discussion then followed. Council- man Gellert asked the City Attorney for options. Attorney Wallace advised that Mr. Steinman can go through the appropriate procedures to obtain an access to the property from the public right-of-way. City Planner Joe Wallis projected drawings on the screen, showing the street, the adjacent property, and his 172nd access to Meadowdale Beach Road. Mr. Lewis then ex- • LJ -69 plained via the projected map how Mr. Steinman had used the Lewis -driveway at one time, and other problems surrounding this whole situation. Mr. Nance, 7071 Meadowdale Beach Road, told council that Mr. Steinman would not allow anyone else to use theR/W. Following MOTION: further discussion, IT WAS MOVED BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CLEMENT THAT THE.SECTION OF 172ND R/W, OFF MEADOWDALE BEACH ROAD, BE CLOSED TO ALL VEHICULAR TRAFFIC UNTIL PROVISION IS MADE FOR AN IMPROVED STREET AND THE GRADE ESTABLISHED. MOTION CARRIED. Mr. Woodbury presented to council the proposal for charter for the Order of Eagles fraternal organization, and auxiliary, in the Edmonds area. He.noted that they -had studied the area, found that the population and growing membership here warranted the establishment of a new charter area, and mentioned that they would need a temporary home -for meetings while looking for a permanent home.. He.advised council that they cannot have a liquor license for one year. HEARING: ON ANNEXATION OF MISCELLANEOUS PORTIONS OF COUNTY ROADS Hearing was held on the proposed annexation of miscellaneous portions of county roads, as requested by the County Commissioners. City Engineer Leif Larson told council that this was for the purpose of having both sides of the roads owned and maintained by the city, instead of the city owning one half, the county the other. Hearing was then opened. A gentleman who said he lived on 68th W. inquired about whether or not the 158th culdesac was included in this proposed annexation. He was told that it did not include this. No one else wished to comment, and the hearing was therefore closed. MOTION: A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN ANDERSON THAT PROPOSED OR- DINANCE #1810 BE PASSED, ANNEXING THESE MISCELLANEOUS PORTIONS OF COUNTY ROADS TO THE CITY OF EDMONDS. MOTION CARRIED. ' . HEARING: PLANNING COMMISSION RESOLUTION 491 Hearing was held on Planning Commission Resolution 491, recommending a change in Section 12.12.030, allowable building volume (chimneys and shafts). City Planner Wallis explained that this would be in RM zones, and quoted from Exhibit A of the Planning Commission Reso- lution 491, allowable building volume, meaning the three-dimensional space in which a building or structure may be built as delineated by year setbacks, if any, and building height restric- tions. No portion of a building or structure may penetrate the allowable building volume except church steeples subject to review by the Amenities Design Board, elevator penthouses, not to exceed 72 square feet in horizontal section nor three feet in height, chimneys not to exceed 9 square feet in horizontal section nor more than 3 feet in height, provided that in multiple unit building (RML and RMH) the total square footage for chimneys shall be nine square feet in horizontal section for the first chimney and six square feet for every chimney thereafter. Chimney flues shall be clustered wherever possible and no one multiple flue/chimney may be more than 39 square feet in horizontal section. Vent pipes not to exceed 18 inches in height, and the projections permitted in setback areas, pur- suant to Section 12.13.050 (h) of the Edmonds City Code. Harry Whitcutt, Building Official, and Assistant Planner Noelle Charleson also spoke in clarification of the proposed change. Hearing was then opened. Mr. Don Westlin stated that he had been concerned with the small projection above 35 feet. He noted that they were almost compelled in building condominiums to have fireplaces, and would cluster the chimneys and use metal flues with camouflage of other aesthetic material in keeping with the design and exterior of the building. He felt this change would be realistic. No one else wished to comment, and the hearing was closed. MOTION: COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN NORDQUIST THAT PROPOSED ORDINANCE #1811 BE PASSED, AMENDING THE DEFINITION OF THE TERM ALLOWABLE BUILDING VOLUME AND SPECIFYING WHAT PORTIONS OF A BUILDING OR STRUCTURE MAY BE PERMITTED TO PENETRATE OR EXTEND BEYOND ALLOWABLE BUILDING VOLUME. MOTION CARRIED. • PLANNING COMMISSION RESOLUTION 484, RECOMMENDING DENIAL OF A REZONE Planning Commission Resolution 484 was presented to council, recommending denial of a re- zone from BC to RMH, 3rd to 5th, north of Bell. No appeal had been received, and A MOTION MOTION: WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN GELLERT TO UPHOLD THE PLANNING -COMMISSION'S RECOMMENDATION AND DENY THE REZONE. MOTION CARRIED. PUD - 5TH AVENUE AGREEMENT City Engineer Leif Larson had forwarded a copy of the latest revision of the agreement to each council member, along with the latest undergrounding estimates and schedule, including the finance schedule. He recommended that council give the Mayor authorization to sign the agreement, subject to the General Telephone matter being straightened out. Councilman Gellert noted that on page 3, the 7.30% interest rate was different from rates quoted in financial journals just recently, and the City Attorney suggested using a city MOTION: interfund loan. Following some discussion, IT WAS MOVED BY COUNCILMAN GELLERT, SECONDED BY COUNCILWOMAN SHIPPEN TO AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT WITH PUD. MOTION CARRIED. There followed some further discussion, during which time the.City Attorney suggested that the council, if it wished, could instruct the staff to go forward with proceeding with the project at this time, in order to avoid costs caused by delays in construction, and come back to the council with whatever proposed agreement is necessary to effectuate the pro- posal with General Telephone Company. COUNCILWOMAN SHIPPEN THEN MOVED, SECONDED BY COUN- CILMAN GELLERT THAT THE STAFF -BE AUTHORIZED TO PROCEED WITH NEGOTIATIONS WITH GENERAL TELEPHONE COMPANY FOR UNDERGROUNDING OF TELEPHONE WIRES, CONCURRENTLY WITH COURT ACTION. THIS MOTION CARRIED, WITH COUNCILWOMAN BRUNS ABSTAINING, AS SHE IS EMPLOYED BY GENERAL TELEPHONE. • IT WAS THEN FURTHER MOVED BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN ANDERSON THAT THE FUNDS NEEDED TO BE ADVANCED BY'THE CITY ON THIS PROJECT BE BORROWED FROM OTHER CITY FUNDS 370 AT AN INTEREST RATE LOWER THAN THE RATE SET FORTH IN THE PROPOSED PUD CONTRACT. MOTION CARRIED, WITH COUNCILWOMAN BRUNS ABSTAINING. • PROPOSED ORDINANCE ON ELDERLY HOUSING City Planner Joe Wallis recommended that on page 2 of the proposed ordinance, under Section (1), that the wording after "shall be rented to elderly persons" include"or persons otherwise qualifying for social security benefits". Some further discussion followed, and it was decided that the social security benefits be amended to state "disability benefits', so as to eliminate all persons except the low income elderly and handicapped who receive benefits. Noelle'.Charleson read the environmental impact assessment of the proposed change in zoning and reduced parking requirement in the RM. districts. It was found there would be no negative impact. There was discussion on the Board of Adjustment under (2), and whether or not this might be changed to Council. MOTION: However, after advice from the City Attorney and further discussion by council, A MOTION WAS MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILWOMAN BRUNS THAT PROPOSED ORDINANCE 1812 BE PASSED, WITH THE ADDITION OF THE WORDS UNDER SECTION (1) ON PAGE 2 AFTER ELDERLY "OR PERSONS OTHERWISE QUALIFYING FOR SOCIAL SECURITY DISABILITY BENEFITS" AS DEFINED BY HUD. MOTION CARRIED. PROPOSED ORDINANCE AMENDING ANIMAL LICENSES First reading was held on a proposed ordinance amending animal licenses, to provide for the issuance of licenses for gods whose owners reside outside the city limits, when re- quested by those owners. SET DATE FOR HEARING ON PLANNING COMMISSION RESOLUTIONS 481, 482, and 483 City Planner Joe Wallis advised council that these_ Planning Commission resolutions had to do with amendments to the official street map, and were housekeeping items recommended • MOTION: by resolutions. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILWOMAN SHIPPEN TO SET JANUARY 27 AS THE DATE FOR HEARING ON PLANNING COMMISSION RESOLUTIONS 481, 482, AND 483. MOTION CARRIED. LITTER CONTROL GRANT Chief Marlo Foster referred to his memo sent to the Mayor and City Council members regarding a litter control grant to be funded in total by Department of Ecology. It would cover the SNOCOM_.service area, be administered by SnoCom via the Board, be 100% funded for two officers to be on SnoCom payroll and at no cost to Edmonds. A proposed resolution was included, approving the litter control enforcement program, and Chief Foster recommended passage, indicating acceptance and support of such a program. There was some discussion on the need for a litter control vehicle outfitted with siren, lights, and other accoutrements, and these were explained by the Chief to be necessary for proper enforcement in some cases. MOTION: A MOTION WAS THEN MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILWOMAN BRUNS THAT PROPOSED RESOLUTION 350 BE PASSED, RELATIVE TO LITTER CONTROL ENFORCEMENT PROGRAM. MOTION CARRIED. PRELIMINARY PLAT OF SUNSET WEST ADDITION #7 City Planner Wallis presented the preliminary plat of Sunset West Addition #7. He pro- jected a map of the plat, and showed slides of the subdivision and surrounding area. He noted that all lots were in excess of the required size. There was some discussion on the paving of 13th Way, and dedication of the opposite half in the future when a plat goes in. • MOTION: IT WAS MOVED BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CLEMENT TO APPROVE THE PRE- LIMINARY PLAT OF SUNSET WEST ADDITION #7, SUBJECT TO TREE CUTTING RESTRICTIONS, ENGINEERING REQUIREMENTS FOR DRAINAGE, AND SUBJECT TO THE STREET BEING DEDICATED. MOTION CARRIED WITH COUNCILMAN ANDERSON VOTING AGAINST, AS HE HAD NOT LOOKED AT THE AREA. PROPOSED AMENDMENT TO PLAT OF TALL FIRS` City Planner Wallis reviewed with council the request to eliminate sidewalks on the east side of 90th Avenue West. He projected slides showing the trees and stated that they would have to be cut back to put in a sidewalk on that one side. Following some questions on the plat, including discussion on the turnaround and access MOTION: to the lots, A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN GELLERT TO APPROVE THE AMENDMENT TO THE PLAT OF TALL FIRS, BY ELIMINATION OF THE SIDEWALKS ON THE EAST SIDE OF 90TH AVENUE WEST. MOTION CARRIED. EXPRESSION OF APPRECIATION TO COUNCILWOMEN BRUNS AND SHIPPEN Councilman Nordquist offered in behalf of the entire council, thanks to both Councilwomen Bruns and Shippen for their service and all they had done on the Edmonds City Council during their terms of office. There was no further business, and the meeting was adjourned at 10:05 P.M. IRENE VARNEY MORAN, Cit Clerk H. H. HARRISON, Mayor 0